Squatters Rights. Everything you Need to Know

As a Landlord or property manager, you have to be prepared for many situations, and although squatters rights and adverse possession may seem like a distant possibility, they are still a possibility.

For that reason, being prepared, being educated, and knowing this information beforehand, can help you potentially avoid a lengthy and costly situation.

Like having to remove a squatter from your property.

Understanding the Difference: Squatters vs. Trespassers

A squatter can be an individual or group of individuals that take up residence in a home, building, or piece of land intending to permanently stay in the property without any legal permission from the property’s owner.

Notice that to be considered a squatter, this individual must have the intention to live in the property as if it were their own. An important distinction between a squatter and a trespasser.

Difference Between a Squatter and a Trespasser

The lines between a squatter and a trespasser can become quite blurred. However, a squatter and a trespasser are not the same thing. Let’s see why.

A trespasser is someone that knowingly enters someone’s house, building, or land without permission or authorization.

As an example, someone wandering into a piece of land while on a hike, may not be considered a trespasser.

Notice that the trespasser needs to know that they are entering the premises without permission.

On the other hand, a squatter is someone that has taken up residence in the property and has the intention of living there as if they were the owner.

You may think, don’t all squatters must have been a trespasser to enter the home?

The answer is no, and that is where the lines get blurred.

A clear example of a squatter that was NOT a trespasser could be someone that was once a tenant but failed to pay the rent and is now being evicted. If this person decides to stay in the property and not move out as they are being asked to, they are now considered a squatter.

At this point, unlike trespassing, which is criminal and, in most situations, can be dealt with by the police, the squatter now needs to be handled by the court system and is considered a civil matter.

Squatters Rights: Legal Implications for Property Owners

Squatters rights refer to certain laws and regulations regarding the ownership of property, the legalities behind property title, and the rights of an individual to become the rightful owner of a property owned by someone else without paying for it.

While a property owner may be able to simply remove a trespasser from their property with the help of a police officer, the squatters rights limit the actions a property owner can take to remove the individual from their property.

The rights legally bind the property owner to follow certain procedures in how to deal with the squatter and at the same time give the squatter certain rights to legally remain in ownership of the property until a court rules otherwise or the person leaves by their means.

For example, if a squatter has occupied a property and has turned on the water and electricity, the property owner can’t legally have those turned off because it is now the squatters right to have those utilities turned on.

Each state’s laws may describe squatters rights or adverse possession somewhat differently, however, there are minimum requirements for a squatter claiming adverse possession to be able to exercise these rights over someone else’s property and acquire legal ownership of that property.

Adverse Possession and Squatters Rights: Exploring the Connection

The terms adverse possession and squatters rights are often used interchangeably because adverse possession is the set of legalities that give a squatter the right to gain the legal title of a property after they have occupied that property and met the legal requirements to become the owner. Thus, these are the squatters rights.

Someone seeking title by exercising adverse possession is also known as a disseisor. A disseisor is someone that claims that they have been able to dispossess the true owner of the property and thus now have a legal claim to the title of such property.

Although adverse possession somewhat varies in every state, there are minimum requirements a disseisor must prove to even claim adverse possession of the legal title of a property that they have occupied.

The Key Elements of Adverse Possession in Squatters Rights Cases

Adverse possession and squatters rights may make it seem easy to acquire title to someone else’s property, however, the minimum requirements that need to be met by a disseisor are rather substantial and the process to claim title in front of the court system can be quite lengthy.

For adverse possession to take place, a person claiming ownership of someone else’s property must meet these basic elements:

Exclusive Use

For adverse possession to take place, the squatter or disseisor must exercise exclusive use and continuous possession of the property as if it was their own. This means that the disseisor must act like the owner of the property and possibly keep out and remove trespassers, other potential squatters, and even the true owner of the property.  The use of the property must be exclusive.

Actual Possession

Actual possession of the property dictates that the disseisor must use the property as an owner would and effectively maintain and/or make improvements to the land or building. Examples of this would be mowing the lawn, landscaping, changing locks, or harvesting the land.

Open and Notorious

The disseisor must not hide the use of the property and must occupy it in a way that can be seen by the public or the legal owner. An example of this would be exiting and entering through the front door as a regular owner would.

Hostile Possession

This element can be interpreted somewhat differently by each state’s squatter laws but at a minimum, to meet this element, the disseisor must have entered the property or must use the property without permission from the true owner.

The hostility part of this element does not necessarily mean that there must be confrontation or violence between the disseisor and the true owner. It simply mandates that the disseisor’s motivations must be against the true owner’s claim to the property.

Continuous Use

Lastly, Adverse possession can only take place if the disseisor or squatter uses the property continuously for the entire duration of the statute of limitations. This means that the person claiming the right to the property must exercise the four elements above continuously through the time mandated by the state’s squatter laws.

Tracing the Origins: Historical Context of Squatters Rights

The laws around squatters and adverse possession in real estate come back from England, where these laws were first used as a way effectively distribute and utilize the land.

These laws would make it clear as to whom had rightful ownership of a piece of land; especially during periods in which land was being contested by multiple kings, lords, or groups of people.

While these laws have been constantly changing through the years, initially, their basic elements were meant to incentivize the proper use of land and to make ownership of land clear in the eyes of the law.

Nowadays, squatters rights play more of a role in dealing with boundary lines between property owners that may have clear ownership of their property, but at some point, lost a clear picture of where one’s property begins and where the other’s property ends.

As a landlord or property manager, you may also see squatting and adverse possession cases in instances when a home or building was abandoned for a long period of time and someone has taken up residence with the clear intention to live in the property as if it was their own.

State-Specific Laws: Navigating Squatters Rights Across Jurisdictions

All states currently have laws regarding squatting rights and adverse possession claims, however, each state has different interpretations of the laws and basic elements that need to be met for someone to claim rightful title to a property or piece of land.

For that reason, as a landlord or property manager, you should research and be aware of the laws and elements that govern squatting rights, adverse possession, and color of title in any particular state where your property may be located at.

Dealing with Squatters: Eviction and Legal Remedies

It is important to note, as we have mentioned before, that a squatter does have more rights compared to a trespasser, and dealing with a squatter requires more careful thought and action. Especially if you want to avoid unknowingly giving the squatter legal recourses against you.

That’s why when dealing with a squatter or tenant that has taken possession of a property without the owner’s permission, it is recommended to consult an real estate attorney that specializes in eviction law and has a vast knowledge of eviction laws for that particular state.

However, the law does offer certain avenues a landlord or property manager can take to potentially remove a squatter from the property.

Let’s see…

Call the Police

If the person taking possession of the property is now considered a squatter and not a trespasser, make note that law enforcement will be unable to remove them from exclusive possession of the premises because of the squatters rights.

However, calling the police is a good initial step because it logs a record of the incident and generates a report that the property owner can then show as evidence if the case escalates to the court system.

Give Notice

During the eviction process, the property owner or manager must give notice to the person occupying the property, and even though at the early stages you may not be looking at a situation in which you have to involve the court system, giving a written notice that complies with the eviction process, may scare the squatter enough to leave the premises before further action is needed.

File an Unlawful Detainer Action

There are different cases for which an unlawful detainer action can be filed, but most commonly, an unlawful detainer relates to cases in which a tenant is refusing to leave the property after the expiration of the statutory period of the lease or breach of contract. Non-payment for example.

In these types of cases, the law requires the landlord to follow due process and file an unlawful detainer action with the court. Once the court rules in favor of the landlord, a sheriff or a sheriff’s deputy can then physically remove the person from the property.

An unlawful detainer lawsuit case usually moves faster through the court system and can provide a faster remedy to the situation, but keep in mind that this type of action only applies to a certain type of situation and usually does not apply to a case in which a disseisor is claiming title or ownership of a property.

Start the Eviction Process

Evicting a tenant requires due process from the part of the landlord or property manager and it requires a more careful approach compared to an unlawful detainer action.

The property owner or manager must meet the state’s minimal notice requirements and serve the squatter or tenant with the appropriate notice (depending on the type of situation), along with the state’s mandated period for the tenant to vacate the premises.

If a squatter or tenant is refusing to leave the premises after the period allotted in the notice to vacate, then the next step would be to seek legal advice, file eviction papers with the court and initiate a hearing process in which the case will be presented in front of a judge and a ruling will be made based on the case details.

We recommend reviewing your state’s particular eviction process, and if necessary, consulting a real estate attorney to adhere to the various eviction proceedings and laws in your state and avoid possible legal recourses against you or the property.

Safeguarding Your Property: Proactive Measures against Squatter Incidents

Protecting against squatters and trespassers comes down to attentiveness and diligence on the part of the property owner or the property manager.

Leaving a property unvisited and without regular maintenance for a long or extended period can alert a squatter that the property is vacant, thus increasing the chances of a squatter situation.

And although the situation may not escalate to someone claiming the title of the property, nobody wants someone living on their property without approval or paying rent.

Here are a few things you can do:

Regular visits

It is recommended to visit and visually inspect the property often, especially if the property or piece of land is vacant. Look for potential signs of someone living on the property, like open doors, open windows, leftover trash, water bottles left behind, and other signs of entry.

If the property is located far enough which prevents you from visiting frequently, it is also an option to exchange contact information with a neighbor that could potentially alert you of someone taking up residence in the property.

Have a Maintenance Schedule

Having a regular maintenance schedule can not only keep the property in pristine condition but can also help deter a trespasser or squatter from taking up residence because this gives the appearance that someone is already living on the property.

Also, remember that for someone to claim title to the property through an adverse possession claim, they must have exclusive use of the property and by maintaining the property, you are negating that element of adverse possession.

Record Keeping and Document Storage

A lot of states’ adverse possession laws require the disseisor to pay all or part of the property taxes. For that reason, keeping track of tax due dates and tax payment receipts can not only keep you organized but can also prevent someone else from paying the taxes on the property.

Additionally, it is key to safeguard other important property documents like the property’s title and any expense records.

Install an Alarm System

Having an alarm system installed can deter trespassers and squatters from potentially taking up residence in the home.

Stopping the intruder at the first sign of entrance can make all the difference in determining if this person was simply a trespasser and not a squatter.

PropertyCtrl: Empowering Property Management and Protection against Squatters

PropertyCtrl offers a powerful and easy-to-use cloud-based property management software with tools and resources that empower you to take control of every aspect of your rental property.

This is how PropertyCtrl can help you avoid a potential squatter or adverse possession situation.

The information provided on this website does not, and is not intended to, constitute as legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.